Assembly Bill A5264

2011-2012 Legislative Session

Relates to expanding the offenses to which a child witness may testify by use of closed-circuit television to include murder

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A5264 (ACTIVE) - Details

See Senate Version of this Bill:
S1433
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §65.00 & 65.20, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A3344
2015-2016: A4075
2017-2018: A6166
2019-2020: A8047

2011-A5264 (ACTIVE) - Summary

Relates to expanding the offenses to which a child witness may testify by use of closed-circuit television to include murder.

2011-A5264 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5264

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced by M. of A. SCHIMMINGER, MOLINARO -- Multi-Sponsored by -- M.
  of  A.  GALEF,  PHEFFER,  WEINSTEIN  --  read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law, in relation to expanding the
  offenses concerning which a  child  witness  may  testify  by  use  of
  closed-circuit television to include murder therein

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 65.00 of  the  criminal  procedure
law,  as  amended by chapter 320 of the laws of 2006, is amended to read
as follows:
  1. "Child witness" means a person fourteen years old or [less] YOUNGER
who is or will be called to testify in a criminal proceeding, other than
a grand jury proceeding, concerning an offense defined in  [article  one
hundred  thirty]  ONE  OF  THE FOLLOWING PROVISIONS of the penal law [or
section 255.25, 255.26 or 255.27 of such law], which is the  subject  of
such criminal proceeding:
  (A) ARTICLE ONE HUNDRED THIRTY; OR
  (B) SECTION 255.25, 255.26, 255.27 (INCEST); OR
  (C)  SECTION  125.27  (MURDER  IN  THE FIRST DEGREE), EXCEPT WHERE THE
PEOPLE HAVE FILED WITH THE COURT A NOTICE PURSUANT TO SECTION 250.40  OF
THIS CHAPTER; OR
  (D) SECTION 125.25 (MURDER IN THE SECOND DEGREE).
  S  2. Subdivision 7 of section 65.20 of the criminal procedure law, as
amended by chapter 320 of the laws of 2006 and as renumbered by  chapter
548 of the laws of 2007, is amended to read as follows:
  7.  Notwithstanding  any other provision of law, the child witness who
is alleged to be vulnerable may not be  compelled  to  testify  at  such
hearing  or  to  submit to any psychological or psychiatric examination.
The failure of the child witness to testify at such hearing shall not be
a ground for denying a motion made pursuant to subdivision one  of  this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05409-01-1
              

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